Basis and practices of restorative justice: the case of Ethiopian criminal justice system

Abstract

Ethiopian criminal justice system views crime is an offense against the state and is not allowed the participation of the victim and the community and also win-loss outcome. To fill these gap scholars discovered Restorative justice, which views crime as a violation of a relationship among victims, offenders and community. Therefore, the purpose of this paper is to assess the legal and institutional basis and practice of restorative justice in Ethiopia. This is qualitative research approach and descriptive research design. The population of this study were victim, offender, criminal justice system components and traditional dispute resolver. Data were collected through document review and interview of five persons, who are selected through purposive sampling techniques. Then the collected data analysed thematically. This paper shows that different governmental institution such as the house of federation, peace minster, police, court, general attorney, and reconciliation commission have legal recognition to apply restorative justice values and principles. And also traditional conflict resolution mechanisms and Alternative dispute resolution mechanisms have defacto recognition to resolve criminal cases. Finally, the models of restorative justice in Ethiopia are compromise, withdrawal of charge, probation, pardon, amnesty, plea bargaining, shuttle diplomacy, suspect rehabilitation and reconciliation based on different laws. Therefore; the house of people representative should enact a comprehensive law on restorative justice. The police and general attorney should create awareness about restorative justice.